Introduction
Design searching involves scouring design databases and other sources to assess the availability of a specific design. Whether for registration procedures, invalidity proceedings, or market analysis, design searches play a pivotal role in safeguarding creativity and aesthetics.
Key Aspects of Design Searching
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Purpose
- Registration: Before filing a design application, designers and applicants need to ensure their design is unique and not already registered.
- Enforcement: In legal disputes, parties search for prior designs to establish infringement or defend against claims.
- Market Insights: Analysing existing designs helps identify trends, competitors, and market potential.
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Search Methods
- Database Searches: Design databases maintained by patent offices or private entities provide a wealth of information.
- Visual Comparisons: Assessing visual similarities is crucial. Design elements like configuration, surface ornamentation, and overall impression matter.
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Validity Assessment
- Prior art searches determine if a design meets novelty and non-obviousness criteria.
- Examining existing designs helps avoid conflicts during registration.
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Enforcement Strategies
- Infringement Claims: Design owners use search results to assert their rights against infringing products.
- Defences: Defendants search for prior designs to challenge validity or prove independent creation.
Practical Tips
- Start Early: Begin searching before filing a design application to avoid surprises later.
- Comprehensive Search: Explore multiple databases and sources to cover all bases.
We provide diverse services in the Design field including:
- Design Searches
- Design Applications
- Convention Design Filing in other countries
- Design prosecution
- Design registration
- Design watch
- Response to Office Action
- Design hearings
- Renewal services
- Portfolio Management
- Assignment Recordals
- Licensing and Recordals
- Due Diligence
- Design Cancellations